Nahibadebam Sharifkhan Pathan And Anotehrs v. Reliance General Insurance Co Ltd Through Signatory And ANR

{1} 920 withdrawal.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5528 OF 2023 IN FAST/34933/2022 WITH CA/1225/2023 IN FAST/34933/2022 WITH CA/1226/2023 IN FAST/34933/2022 NAHIBADEBAM SHARIFKHAN PATHAN AND ANOTEHR

VERSUS

RELIANCE GENERAL INSURANCE CO LTD THROUGH SIGNATORY AND ANR ...

Advocate for Applicants : Mr. Swapnil SunilkumarDargad Adv. for Respondent No.1.: Mr. R.H. Dahat CORAM : S.G. CHAPALGAONKAR, J.

DATE : 20TH JUNE, 2023 ORDER :- Heard learned advocate for the parties.

2.

By way of this application, the applicants are seeking withdrawal of the amount deposited by the appellant insurance company. It appears that the Tribunal , on the basis of the evidence advanced, has recorded a categorical finding that there is a causal connection between the accident and death of the deceased.

3.

In that view of the matter, it would be appropriate to permit the applicants to withdraw 50% of the amount deposited, subject to furnishing an undertaking that in case of any adverse orders in appeal, they shall refund the amount alongwith interest accrued as stipulated in the final order.. Civil application stands disposed of. [S.G. CHAPALGAONKAR] JUDGE grt/-